Parental responsibilty might standin our way?

[bambam82]

Hi there,
I have just read another post concerning taking a child to aus without consent, my problem is that my 5 year old was born before the automatic parental resp came into place but like an idiot I awarded my ex parental responsibilty after our split when my son was 2, however he has not bothered to see or contact my son since, it was as if he wanted that and that was it, i have a letter from his solicitor 3 years ago staing that he does not want direct contact anymore only indirect (as in letters, which he obviously has never sent) but In a few years time when we are ready to go will this be a problem? because I know for a fact that if they contact him wherever he is, he will put a stop to us goin to aus even out of spite....has anyone got any advice for me or has anyone been in the same situation and what was the outcome?

Thank you for reading.

[ali]

You will need his permission or else have to have made every effort to to contact him. I have read on another site recently of someone who went to court and didn't get permission

Ali

[tracy29]

Hi there,
I had much the same prob my ex had PR over my 12 year old daughter, I went to see a solicitor, who wrote him a letter, saying if he did not give his consent we would go to court, he then went to see a solicitor who told him after never using the PR order and stating there was no relationship between them he did not have a leg to stand on, also he did not want to pay hundreds of pounds out for a court case he knew he had very little chance of winning, we now fly out to Perth in 5 days, hope this has helped you in someway good luck and dont give up your dream xxxxx

[Andrea Bridge]

Hi there, Just wanted to offer a few encouraging words... Courts are far more sensible nowadays, and do have the best interests of the child at heart. I had to take my ex-husband to Court over our 2 children, and he was shown in Court for what he was. He was told that he was to have no further contact with the children for 6-12 months, at which time he could try to prove himself a decent father. That was 14 years ago.... We never heard back from him, after his ticking off!

All the very, very best for a fabulous future with your little one!

Andrea x x x

[joelltah]

Hi there- In response to your post- You can apply to the court for "Removal Of Leave From The Jurisdiction" You have to satisfy the Court that A:Efforts have been made to find the Bio Father B: That it is in the best interests of the Child (eg no contact with Bio hence no relationship) C: Prove you've done your homework regarding Education: Employment: Housing etc and sufficient means to live on!

It is obviously better to obtain consent from the Bio Father otherwise you are breaking the Law and could face charges of Abduction! ( Under current laws you are only allowed to take your Child out of the UK without the permission of the absent parent for a maximum of 30 days)

Take Note:Australian Immigration Law will not give you a Visa Entry for your child unless a Letter Of Consent from the Biological Father with Passport extract Signature is obtained!
IF the Bio Father is contacted and refuses permission you can apply for the above as advised!
In my experience I am guessing that as the Bio Father has had no contact and hasn't done for a while he would be unlikely to pursue this through the Court (unless he is very rich) as you are looking in the region of £5000 plus for him to contest this and win!
IF it was pursued out of spite then I can assure you that the Courts will take into account the needs of your Child above all else...............their happiness is paramount!
Hope this helps?

[afiyafifi]

I just want to say my thoughts are with you , hope all goes well for you ... karen

[shazney64]

Yes good luck too im still in the middle of mine, but happiness of my son is paramount and what the judge agrees i feel will be in the best interest of my son, the judge is impartional and not emotionally attacthed. My new hubby and i agree he will be the best person to make the decision no matter what the outcome, we will just move on. Hopefully in oz but as long as my son is happy we will remain in UK if in his best interest. good luck pm me anytime sharon x